SURESH KUMAR Vs. AJIT SINGH AND ANOTHER

JUDGEMENT

(1.) On 14/03/1995 complainant Suresh Kumar submitted an 'istgasa' (complaint) in the court of Additional Chief Judicial Magistrate No. 4, Jaipur City to the effect that accused-respondent No. 1 Ajit Singh tendered a Cheque dated 27/01/1995 for the sum of rs. 90,000/- of SBI, Tonk Road, Jaipur in favour of complainant-petitioner Suresh Kumar, which on presentation in the Allahabad Bank, Jaipur on 28/01/1995 got dishonoured on account of the account being closed. Complainant thereupon served a legal notice upon the accused but when no heed was paid to the said notice, complainant submitted complaint in the court and the court after recording statements under section 200 Cr.P.C., 1973 initiated the complaint proceedings.

(2.) The learned trial court framed the charge for offence under section 138 of the Negotiable Instruments Act which he denied and claimed trial.

(3.) In support of his complaint, complainant Suresh Kumar examined himself as PW1 and S.K. Sharma as PW2 and got exhibited six documents. Statement of the accused was recorded under section 313 Cr.P.C., 1973 and in rebuttal, the accused exhibited six documents and got examined witness Dilip Kumar as DW1.